Loading...
04-10-2012 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION • HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 10, 2012 Members Present: Vice Chair Westberg, Commissioners Anderson, Bell, Keller and Konietzko Members Absent: Commissioner Johnson Staff Present: Jeremy Barnhart, Planning Manager; Chris Leeseberg, Planner/Park Planner; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Vice-Chair Westberg. 2. Consider April 10. 2012 Planning_Commission Agenda MOVED BY COMMISSIONER SELL AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE APRIL 10, 2012 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3.1 Consider March 13. 2012 Planning Commission Minutes • MOVED BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER KONIETZKO TO APPROVE THE MARCH 13, 2012 MINUTES. MOTION CARRIED 5-0. 3.2 Consider March 20, 2012 Board of Adjustments Minutes MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER BELL TO APPROVE THE MARCH 20, 2012 MINUTES. MOTION CARRIED 5-0. 4. Election of Officers MOVED BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER KELLER TO ELECT DANA ANDERSON CHAIR AND CHAD WESTBERG VICE-CHAIR. MOTION CARRIED 5-0. 5.1 Request b~Elk River HRA for Conditional Use Permit for Parking Lot Improvements. Case No. CU 12-06 -Public Hearin Mr. Barnhart reviewed the layout of the parking lot improvement plan chosen by the HRA for the former 716-720 Main Street site. He noted that this plan provides for 28 parking spaces and requires the closing of the Main Street access to the lot. Mr. Barnhart reviewed conditions of approval proposed by staff. He stated that there may be some minor changes • to the plan for the City Council's review, but staff is comfortable recommending approval of the request. Planning Commission Minutes Apri110, 2012 Page 2 Commissioner Koneitzko asked if the downtown businesses feel more parking is necessary. • Mr. Barnhart stated yes. Commissioner Bell asked for clarification on the stall shown to be removed on the plan. Mr. Barnhart stated that the HRA chose to remove the stall in order to provide a buffer from the trash enclosure. He also noted that staff is recommending an additional handicap parking stall. Commissioner Anderson asked if there is an existing shared trash enclosure. Mr. Barnhart stated yes, currently located along Highway 10. He stated that consolidation of trash by the businesses is under discussion. Commissioner Anderson asked if the Fire Chief had any issue with the one entrance. Mr. Barnhart explained that the Fire Marshall wanted to ensure fire department access isn't disrupted with the closure. Mr. Barnhart noted Condition #1 addresses this issue. Vice-Chair Westberg opened the public hearing. No comments fox or against the request were heard. Vice-Chair Westberg closed the public hearing. Commissioner Anderson asked if some type of monument sign was being proposed. Mr. Barnhart stated that an information/business directory kiosk is proposed, but is proposed for a future phase. Commissioner Keller questioned how a fire truck would get into the site if the Farmer's Market was running. Mr. Barnhart indicated on the drawing where a fire truck could likely park in order to get within 150 feet of the buildings. • MOVED BY COMMISSIONER KONEITZKO AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY THE HRA FOR A CONDITIONAL USE PERMIT FOR THE IMPROVEMENTS TO THE DOWNTOWN PARKING LOT, WITH THE FOLLOWING CONDITIONS: 1. IT MUST BE DEMONSTRATED THAT THE FIRE DEPARTMENT CAN TURN NORTH ONTO THE EASTERN MOST DRIVE. 2. A LANDSCAPING PLAN MUST BE APPROVED BY STAFF THAT INCLUDES SPECIES, SIZE AND PLANTING DETAILS. 3. ALIGHTING PLAN MUST BE PROVIDED THAT DEMONSTRATES THAT A MINIMUM 3 FC AVERAGE CAN BE PROVIDED ON THE SUBJECT PARCEL. 4. DETAILS OF THE DUMPSTER ENCLOSURE MUST BE PROVIDED AND APPROVED BY STAFF PRIOR TO CONSTRUCTION. 5. HANDICAPPED STALLS. TWO HANDICAPPED PARKING SPACES SHOULD BE PROVIDED. MOTION CARRIED 5-0. 5.2 Request by Tim Peterson for Conditional Use Permit for Private Kennel 11760 193rd Ave NW, Case No. Cu 12-05 -Public Hearin • Planning Commission Minutes April 10, 2012 • Mr. Leeseberg presented the staff report. He reviewed the standards for granting a Conditional Use Permit. He noted that staff recommends approval of the request with the conditions listed in the staff report. Commissioner Bell asked why conditions 6 and 8 are included, if these issues are already in the city code. Mr. Leeseberg stated that staffs intent is to reinforce the requirements. Vice-Chair Westberg opened the public hearing. William Kambeitz, 19246 Freeport Court NW -Stated he was not aware Mr. Peterson had dogs until after he moved into his home. He stated that when he is moving around his property the dogs bark. He stated there were ten dogs on the property at one point. Mr. Kambeitz expressed concern for issues related to his view of the property, due to the sloping of Mr. Peterson's lot toward his lot. He stated that the development he lives in is for seniors and objects to approval of the kennel. Darrell Anderson, 19236 Freeport Court NW -stated that he has not been able to have his windows opened for 2 -3 years because of barking dogs. He stated that since Mr. Peterson installed the boards on the back of the property, he doesn't hear the noise as much. Mr. Anderson stated that a private kennel should not be in this type of residential neighborhood. He stated that neighbors of Mr. Peterson also have two dogs that are always barking. He described an incident his wife had with this neighbor regarding his cat. He stated that he has to abide by the city's rules and others should have to also. Melanie Altringer, 11748 193rd Avenue NW -stated she was the one who told Mr. • Anderson's wife to keep the cat out of her flower beds. She stated she owns a 10-year old lab and a puppy. She stated she has lived in her home 13 years and has had no problem with Mr. Peterson's dogs. She stated the dogs are seldom in the front yard, except when he is training them. She stated that she and her two children have played with the dogs and found them to be well-behaved and friendly. She stated she fully supported Mr. Peterson's request for a private kennel. Troy Day, 11788 193rd Avenue NW -stated that his own dog is more annoying that Mr. Peterson's dogs. He stated the dogs do not cause any problems and that Mr. Peterson rarely has more than one of them outside at a time. He stated he supported Mr. Peterson's request 100 percent. Tim Peterson, 11760 193rd Avenue NW, applicant -explained that he trains dogs for Therapy Dogs International. He provided information regarding his association with the organization, where and how the dogs are trained, and where they are used. He stated that Officer Jeff of the Elk River PD has visited and played with the dogs and did not indicate a problem. Mr. Peterson explained that the life expectancy of the dogs is 10-11 years and the male is 9 years old. He stated that the French bulldogs are more difficult to train, but they are also being trained for therapy. He stated that he has tested over 4,000 dogs for therapy. He asked that the Commission support allowing him to keep the five dogs that he currently has. He stated that he works hard to not have the dogs be a nuisance. He noted that he keeps the yard clean so that his grandchildren can play there. Page 3 Commissioner Koneitzko asked if he has ever had more than the five dogs. Mr. Peterson • stated yes, when his son from out east visits, as he also trains dogs and may have 2 or 3 with him. He stated that he has no desire to have more than the five dogs. He stated that the Planning Commission l~finutes Apri110, 2012 Page 4 dogs are seldom outside, as they do not like hot or cold temperatures. He asked if it will be • a problem to have his son visit with his dogs, and if he would be allowed to take care of his neighbor's dogs when they have to be out of town. Commissioner Anderson asked if it would be Mr. Peterson's intention to continue to have five dogs, as the dogs continue to age and pass on. Mr. Peterson stated that it takes a long time to train dogs to be ready to go into nursing homes or children's ready programs. He stated he could not say at this time if he would get another dog when one of them passes. He stated that right now he is ok with having the five. Commissioner Bell asked where the dogs stay when his judging a show. Mr. Peterson stated that the dogs usually come with him in the camper, or his daughter watches them. Commissioner Koneitzko asked how often he has the dogs out walking. Mr. Peterson stated that he does not take them out much at all in the winter, but does do some training outside in the summer. He noted that the French bulldogs don't do well in the heat, so they are out very little. Commissioner Keller asked if he normally has all five dogs outside at the same time. Mr. Peterson stated that not usually, but that all the dogs are trained not to bark and are stopped immediately if they do. He stated that approximately 6 or 7 years ago, Officer Bob of the Elk River PD stopped by his house. He stated that there were no complaints, and did not have a problem with the number of dogs. He noted that he plans to put slats in the chain link fence at a cost of $600 to add privacy, even though it is not required. He stated that he did check with the city on the setback requirements for fences and that it is set back 8 inches into his property. • Diane Coates, 19228 Freeport Court NW -asked if Mr. Peterson planned on breeding the dogs. Mr. Peterson stated that he has bred one female; all of the puppies are spoken for and the female will be spayed afterward. Ms. Coates asked about the French bulldogs. Mr. Peterson stated he does not plan to breed puppies. Lois Bloom, 19276 Isetta Street, East Bethel -Stated that Mr. Peterson is a business friend and that he helped put a therapy tag on her dog. Ms. Bloom stated that when her dog became pregnant, she asked Mr. Peterson to whelp the litter, which was three puppies. Her dog and the three puppies stayed in Mr. Peterson's care until they were old enough to leave. She stated these were the additional dogs the neighbors must have seen in Mr. Peterson's yard and she felt bad that this caused a ruckus. She noted that her dog was much noisier than Mr. Peterson's dogs. She stated that Mr. Peterson is an excellent dog owner. Jennifer Barnes, owner of Dog Spot in Otsego, 5600 Queens St NE - Ms. Barnes stated that she trains Mr. Peterson's 4-year old Eva. She stated that Mr. Peterson's dogs are "not your average" dogs and receive "not your average" training. He stated that these dogs are out with the public, they come in a lay quietly and speak on command. She stated that the dogs do not bark incessantly and abide by commands. She stated that it takes at least 3 years to train these therapy dogs and the ones that aren't therapy dogs, are show dogs. She stated she has been at Mr. Peterson's home and stayed there with the dogs. She stated that his dogs' behavior is well above the average animal. There being no further public comment, Vice-Chair Westberg closed the public hearing. • Planning Commission Minutes April 10, 2012 • Commissioner Bell stated that he had a concern a community service officer may have told Mr. Peterson it was ok to have five dogs. He asked if the CUP could continue if the house were sold. He stated he would like to see the permit reviewed in two years. Mr. Barnhart stated that the CUP stays with the property unless the use ceases for six months. He stated that the city has the ability to inspect the property at any time for compliance with the terms of the CUP. Commissioner Konietzko stated that he had a concern that the fence was very close to the neighboring homes behind Mr. Peterson's property. Commissioner Keller asked what would happen if other dogs were at the site that were not therapy dogs and were not trained. Commissioner Anderson stated that he felt the CUP needs to be crystal-clear that no extra activity (other dogs) be allowed on the property. The question was raised regarding puppies. Mr. Leeseberg stated that city ordinance allows puppies up to six months of age, and that the puppies could not be kept on the property after that. Commissioner Anderson asked about keeping friend's puppies, or watching neighbors' dogs. He stated that applicant does not have control of the topography and cannot help that his property slopes toward the neighbors to the south. He stated that he was going to suggest that the fence be slatted to provide more privary. He stated he did not have a problem recommending approval, but that the City Council has the fmal say in the matter. Commissioner Bell stated that he would be in favor of approval if the opaque fence was required. Vice-Chair Westberg concurred. Commissioner Anderson suggested adding a 10~ • condition that slats be placed in the chain link fence. Commissioner Konietzko stated he was not in favor of approving the request because of past incidences of having more dogs on the property than his own and the increased activity this created. MOVED BY COMISSIONER ANDERESON AND SECONDED BY COMMISSIONER KELLER TO RECOMMEND APPROVAL OF THE REQUEST BY TIM PETERSON FOR A PRIVATE KENNEL WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. THE PRIVATE KENNEL SHALL BE LIMITED TO FIVE (5) ANIMALS OVER THE AGE OF 6 MONTHS. ADDITIONAL ANIMALS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9. 4. THE APPLICANT SHALL RECEIVE A PRIVATE KENNEL LICENSE FROM THE CITY. 5. ALL ANIMALS MUST BE LICENSED AND VACCINATED. 6. ALL ANIMALS SHALL BE ON A SIX (6) FOOT OR SHORTER LEASH WHEN OUTSIDE OF THE KENNEL. 7. NO MORE THAN TWO (2) ANIMALS PER SUPERVISOR SHALL BE • ALLOWED OUTSIDE OF THE KENNEL. Page 5 Planning Commission Minutes r1pri110, 2012 Page 6 8. ALL DOG WASTE SHALL BE CLEANED UP IMMEDIATELY WHEN • DOGS ARE OFF OF THE SUBJECT PROPERTY. 9. NO DOGS DESIGNATED AS DANGEROUS OR POTENTIALLY DANGEROUS ARE ALLOWED TO BE KEPT AT THE KENNEL AND KEEPING OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG SHALL BE GROUNDS FOR REVOCATION. 10. FENCE ALONG THE SOUTH PROPERTY LINE SHALL BE OPAQUE. MOTION CARRIED 4-1. Commissioner Konietzko opposed. 5.3 Request bE Sportech for Zone Change to Rezone Certain Property from PUD to BP (Business Park, Case No. ZC 12-01 -Public Hearing Mr. Barnhart reviewed the staff report. He explained that the northern half the parcel is guided Highway Business and the southern half is guided Light Industrial. Staff feels the request supports the goals of the Comprehensive Plan and recommends approval. MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER KONIETZKO TO RECOMMEND APPROVAL OF THE REQUEST BY SPORTECH TO REZONE THE SUBJECT PROPERTY FROM PUD (PLANNED UNIT DEVELOPMENT) TO BP (BUSINESS PARK). MOTION CARRIED 6-0. 6. General Business -None 7. Announcements • 8. Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:50 p.m. Minute~epared by Debbie Huebner. ~' ~~ v Tina Allard City Clerk ~~ Chad Westberg Vice-Chair, Planning Commission •